Text of the provision
Art. 1048. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with judicial approval.
(996a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Deaf-mutes who can read and write may accept or repudiate personally or through an agent. If they cannot read and write, acceptance is through their guardians, and repudiation requires court approval.
The literacy requirement functions as the dividing line for capacity here: a deaf-mute who can read and write is treated as capable of understanding and communicating a decision independently, whether he acts personally or through an agent. Where that literacy is absent, a guardian steps in, but only to accept on the deaf-mute's behalf — a decision presumed to be to his benefit. Repudiating the inheritance is treated differently: because it gives something up rather than merely receiving a benefit, the guardian additionally needs judicial approval before declining the inheritance on the deaf-mute's behalf.
Questions about this provision
Related provisions
- Article 1047 — A Married Woman May Repudiate Alone.
- Article 1049 — Express and Tacit Acceptance.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.